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Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991)

12 & 13 & 14 Geo. 6 c. 75 · Enacted 24 November 1949 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 25 September 1991.

An Act to consolidate the Agricultural Holdings (Scotland) Act, 1923, Part 11 of the Small Landholders and Agricultural Holdings (Scotland) Act, 1931, Part I of the Agriculture (Scotland) Act, 1948, and certain other enactments relating to agricultural holdings, save, with respect to rights to compensation, in their application to certain cases determined by past events.

[24th November 1949]C1C2C3C4C5C6C7C8I1C9F2

Annotations to the whole text

Textual amendments

F1

Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)

F2

Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)

Modifications

C1

Act applied (S.) by Hill Farming Act 1946 (c. 73), s. 9 as substituted by this Act

C2

Act saved by Crofters (Scotland) Act 1955 (c. 21), s. 14(10); modified by Opencast Coal Act 1958 (c. 69), s. 14(2)(9)

C3

Certain provisions of this Act as to compensation applied with modifications by Opencast Coal Act 1958 (c. 69), ss. 24, 37, Sch. 7 paras. 1–3, 25

C4

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C5

Act excluded by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2), s. 55(2)(b)

C6

Act amended by S.I. 1978/798, reg. 3

C7

Act extended by Agriculture Act 1986 (c. 49, SIF 2:1), s. 14, Sch. 2 para. 10(1)(a), by S.I. 1986/1613, reg. 15(1)(a) and by S.I. 1987/882, art. 15(1)(a)

C8

Act modified by Opencast Coal Act 1958, (c. 69, SIF 86), s. 14A(3)–(5) as substituted by Housing and Planning Act 1986 (c.63, SIF 86), s. 39(3), Sch. 8 para. 5

C9

Act excluded (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss.35, 89(2) (with ss. 45(3), 51(1), Sch. 12, para.3)

Commencement

I1

Act wholly in force at Royal Assent

Contents

  1. Meaning of “agricultural holding”
  2. 1Meaning of “agricultural holding.”
  3. Provisions as to leases
  4. 2Restriction on letting agricultural land for less than from year to year.
  5. 3Tacit relocation.
  6. 4Provisions for securing written leases and for the revision of certain leases.
  7. 5Respective liabilities of landlord and tenant for provision and maintenance of fixed equipment and for payment of insurance premiums.
  8. 6Provisions supplementary to s. 4 and s. 5.
  9. 7Variation of rent.
  10. 8Increases of rent in respect of certain improvements carried out by landlord.
  11. 9Section 9
  12. 10Leases to continue in force notwithstanding variation of terms, etc.
  13. Miscellaneous provisions affecting the relationship of landlord and tenant
  14. 11Certain agreements by incoming tenant to pay compensation due to outgoing tenant to be void.
  15. 12Freedom of cropping and disposal of produce.
  16. 13Prohibition of removal of manure, etc., after notice to terminate the tenancy.
  17. 14Tenant’s right to remove fixtures and buildings.
  18. 15Compensation for damage by game.
  19. 16Restriction of landlord’s right to penal rent or liquidated damages.
  20. 17Making of record of condition, etc., of holding.
  21. 18Section 18
  22. 19Removal of tenant for non-payment of rent.
  23. 20Bequest of lease.
  24. 21Right of landlord to object to acquirer of lease.
  25. 22Provisions as to payment for implements, etc., sold on quitting holding.
  26. 23Application of sums recovered under fire insurance policy.
  27. Provisions as to notices to quit
  28. 24Provisions as to giving of notices to quit.
  29. 25Restrictions on operation of notices to quit.
  30. 26Provisions as to consents for purposes of preceding section.
  31. 26ATermination of tenancies acquired by succession.
  32. 27Section 27
  33. 28Section 28
  34. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  35. 30Penalty for breach of condition accompanying consent to notice to quit.
  36. 31Provisions as to notices to quit where holding agreed to be sold.
  37. 32Notices to quit part of holdings not to be invalid in certain cases.
  38. 33Tenant’s right to treat notice to quit part of holding as notice to quit entire holding.
  39. 34Reduction of rent where tenant dispossessed of part of holding.
  40. Compensation to tenant for disturbance
  41. 35Right to, and measure of, compensation for disturbance.
  42. Compensation to tenant, on termination of tenancy, for improvements begun before 1st November, 1948
  43. 36Application of sections 37 to 46.
  44. 37Right of tenant to compensation for old improvements.
  45. 38Amount of compensation for old improvements.
  46. 39Compensation for certain old improvements conditional on consent of landlord.
  47. 40Compensation for certain old improvements conditional on notice to landlord.
  48. 41Conditions attaching to right to compensation for repairs to buildings.
  49. 42Agreements as to compensation for old improvements specified in Part III of Second or Third Schedule.
  50. 43Compensation in respect of temporary pasture.
  51. 44Reduction in amount of, or exclusion of right to, compensation for old improvements in certain cases.
  52. 45Provision as to change of tenancy.
  53. 46Right to compensation for old improvements of tenant who has paid compensation therefor to outgoing tenant.
  54. Compensation to tenant, on termination of tenancy, for improvements begun on or after Ist November, 1948
  55. 47Application of sections 48 to 55.
  56. 48Tenant’s right to compensation for new improvements.
  57. 49Amount of compensation for new improvements.
  58. 50Compensation for Sch. 1, Pt. I, improvements conditional on consent of landlord.
  59. 51Compensation for Sch. 1, Pt. II, improvements conditional on notice to landlord.
  60. 52Compensation for Sch. 1, Pt. II, improvements conditional on approval of Secretary of State in certain cases.
  61. 53Compensation in respect of temporary pasture.
  62. 54Provision as to change of tenancy.
  63. 55Right to compensation for new improvements of tenant who has paid compensation therefor to outgoing tenant.
  64. Compensation to tenant, on termination of tenancy, for continuous adoption of special standard
  65. 56Compensation for continuous adoption of special standard of farming.
  66. Compensation to landlord, on termination of tenancy, for deterioration of holding
  67. 57Compensation to landlord for deterioration, etc. of particular parts of holding.
  68. 58Compensation to landlord for general deterioration of holding.
  69. 59Provisions supplementary to s. 57 and s. 58.
  70. Supplementary provisions with respect to compensation
  71. 60Compensation provisions of this Act to apply to parts of holdings in certain cases.
  72. 61Determination of claims for compensation where holding is divided.
  73. 62Adjustment of compensation in respect of ploughing grants.
  74. 63Compensation not to be payable for things done in compliance with this Act.
  75. 64Extent to which compensation recoverable under agreements.
  76. Special provisions affecting market gardens as regards compensation and fixtures
  77. 65Effect of agreement to let or treat an agricultural holding as a market garden.
  78. 66Power of Secretary of State in default of agreement to treat an agricultural holding as a market garden.
  79. 67Agreements as to compensation relating to market gardens.
  80. Settlement of claims between landlord and tenant on termination of tenancy
  81. 68Settlement of claims by arbitration.
  82. Recovery of sums due under this Act
  83. 69Recovery of compensation and other sums due.
  84. 70Power of tenant to obtain charge on holding in respect of compensation.
  85. Supplementary provisions
  86. 71, 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  87. 73Proceedings of the Land Court.
  88. 74Matters to be referred to arbitration.
  89. 75Provisions as to arbitrations.
  90. 76Constitution of panel of arbiters, and provisions as to remuneration of arbiter.
  91. 77Appointment of arbiter in cases to which the Secretary of State is a party.
  92. 78Determination of questions by Land Court in lieu of arbitration.
  93. 79Power of Secretary of State to vary First and Fourth Schedules to this Act.
  94. 80Power of limited owners to give consents, etc.
  95. 81Power of heir of entail to apply entailed moneys for improvements.
  96. 82Power of landlord to obtain charge on holding in respect of compensation, etc. paid by him.
  97. 83Power of land improvement companies to advance money.
  98. 84Appointment of guardian to landlord or tenant in certain cases.
  99. 85Validity of consents, etc
  100. Provisions as to Crown Land
  101. 86Application of Act to Crown land.
  102. 87Determination of matters relating to holdings of which the Secretary of State is landlord or tenant.
  103. General
  104. 88Expenses and receipts.
  105. 89Provisions as to entry and inspection.
  106. 90Service of notices, etc.
  107. 91Prohibition of appeal from sheriff substitute.
  108. 92Revocation and variation of orders.
  109. 93Interpretation.
  110. 94Amendments of other Acts.
  111. 95Construction of references in other Acts to holdings as defined by the Agricultural Holdings (Scotland) Act, 1923.
  112. 96Improvements carried out before 1909.
  113. 97Repeal of enactments.
  114. 98Provisions as to tenants quitting before commencement of this Act, or thereafter in consequence of notice given, etc. before 1st November, 1948.
  115. 99General savings.
  116. 100Savings for other rights, etc.
  117. 101Short title and extent.
  118. Schedule FIRST: Improvements begun on or after 1st November, 1948, for which compensation may be payable
  119. Part I: Improvements to which consent of landlord is required
  120. 1Paragraph 1
  121. 2Paragraph 2
  122. 3Paragraph 3
  123. 4Paragraph 4
  124. 5Paragraph 5
  125. 6Paragraph 6
  126. 7Paragraph 7
  127. 8Paragraph 8
  128. Part II: Improvements in respect of which notice to landlord is required
  129. 9Paragraph 9
  130. 10Paragraph 10
  131. 11Paragraph 11
  132. 12Paragraph 12
  133. 13Paragraph 13
  134. 14Paragraph 14
  135. 15Paragraph 15
  136. 16Paragraph 16
  137. 17Paragraph 17
  138. 18Paragraph 18
  139. 19Paragraph 19
  140. 20Paragraph 20
  141. 21Paragraph 21
  142. 22Paragraph 22
  143. 23Paragraph 23
  144. Part III: Improvements in respect of which consent of, or notice to, landlord is not required
  145. 24Paragraph 24
  146. 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  147. 26Paragraph 26
  148. 27Paragraph 27
  149. 28Paragraph 28
  150. 29Paragraph 29
  151. 30Paragraph 30
  152. 31Paragraph 31
  153. 32Paragraph 32
  154. 33Paragraph 33
  155. Schedule SECOND: Improvements begun before 31st July, 1931, for which compensation may be payable
  156. Part I: Improvements for which compensation is payable if consent of landlord was obtained to their execution
  157. 1Paragraph 1
  158. 2Paragraph 2
  159. 3Paragraph 3
  160. 4Paragraph 4
  161. 5Paragraph 5
  162. 6Paragraph 6
  163. 7Paragraph 7
  164. 8Paragraph 8
  165. 9Paragraph 9
  166. 10Paragraph 10
  167. 11Paragraph 11
  168. 12Paragraph 12
  169. 13Paragraph 13
  170. 14Paragraph 14
  171. 15Paragraph 15
  172. 16Paragraph 16
  173. 17Paragraph 17
  174. 18Paragraph 18
  175. Part II: Improvement for which compensation is payable if notice was given to landlord before execution thereof
  176. 19Paragraph 19
  177. Part III: Improvements for which compensation is payable without consent of, or notice to, landlord of their execution
  178. 20Paragraph 20
  179. 21Paragraph 21
  180. 22Paragraph 22
  181. 23Paragraph 23
  182. 24Paragraph 24
  183. 25Paragraph 25
  184. 26Paragraph 26
  185. 27Paragraph 27
  186. 28Paragraph 28
  187. 29Paragraph 29
  188. Schedule THIRD: Improvements begun on or after 31st July, 1931, and before 1st November, 1948, for which compensation may be payable
  189. Part I: Improvements for which compensation is payable if consent of landlord was obtained to their execution
  190. 1Paragraph 1
  191. 2Paragraph 2
  192. 3Paragraph 3
  193. 4Paragraph 4
  194. 5Paragraph 5
  195. 6Paragraph 6
  196. 7Paragraph 7
  197. 8Paragraph 8
  198. 9Paragraph 9
  199. Part II: Improvements for which compensation is payable if notice was given to landlord before execution thereof
  200. 10Paragraph 10
  201. 11Paragraph 11
  202. 12Paragraph 12
  203. 13Paragraph 13
  204. 14Paragraph 14
  205. 15Paragraph 15
  206. 16Paragraph 16
  207. 17Paragraph 17
  208. 18Paragraph 18
  209. Part III: Improvements for which compensation is payable without consent of, or notice to, landlord of their execution
  210. 19Paragraph 19
  211. 20Paragraph 20
  212. 21Paragraph 21
  213. 22Paragraph 22
  214. 23Paragraph 23
  215. 24Paragraph 24
  216. 25Paragraph 25
  217. 26Paragraph 26
  218. 27Paragraph 27
  219. 28Paragraph 28
  220. 29Paragraph 29
  221. Schedule FOURTH: Market garden improvements for which compensation may be payable
  222. 1Paragraph 1
  223. 2Paragraph 2
  224. 3Paragraph 3
  225. 4Paragraph 4
  226. 5Paragraph 5
  227. Schedule FIFTH: Matters for which provision is to be made in written leases
  228. 1Paragraph 1
  229. 2Paragraph 2
  230. 3Paragraph 3
  231. 4Paragraph 4
  232. 5Paragraph 5
  233. 6Paragraph 6
  234. Schedule SIXTH: Provisions as to Arbitrations
  235. Appointment of arbiter
  236. 1Paragraph 1
  237. 2Paragraph 2
  238. 3Paragraph 3
  239. 4Paragraph 4
  240. Particulars of Claim
  241. 5Paragraph 5
  242. Evidence
  243. 6Paragraph 6
  244. 7Paragraph 7
  245. Award
  246. 8Paragraph 8
  247. 9Paragraph 9
  248. 9AParagraph 9A
  249. 10Paragraph 10
  250. 11Paragraph 11
  251. 12Paragraph 12
  252. 13Paragraph 13
  253. 14Paragraph 14
  254. 15Paragraph 15
  255. Expenses
  256. 16Paragraph 16
  257. 17Paragraph 17
  258. 18Paragraph 18
  259. Statement of case
  260. 19Paragraph 19
  261. 20Paragraph 20
  262. 20AParagraph 20A
  263. Removal of arbiter and setting aside of award
  264. 21Paragraph 21
  265. 22Paragraph 22
  266. Forms
  267. 23Paragraph 23
  268. Schedule SEVENTH: Amendments of other Acts
  269. The Small Landholders and Agricultural Holdings (Scotland) Act, 1931
  270. The Hill Farming Act, 1946
  271. Schedule EIGHTHEnactments Repealed
  272. Schedule NINTH
  273. Part I: Grounds for Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984
  274. Case 1
  275. Case 2
  276. aParagraph a
  277. bParagraph b
  278. cParagraph c
  279. Case 3
  280. Part II: Grounds for Consent to Operation of Notice to Quit a Tenancy Let On or After 1 January 1984
  281. Case 4
  282. Case 5
  283. Case 6
  284. Case 7
  285. Part III: Supplementary
  286. 1Paragraph 1
  287. 2Paragraph 2
  288. 3Paragraph 3